MINUTES OF PROCEEDINGS OF MONTHLY MEETING OF COUNTY COUNCIL HELD IN CIVIC OFFICES, ON MONDAY AT 11 AM ON 12th SEPTEMBER 2016

Present Cllr. Siobhán Ambrose, Cathaoirleach.

Cllrs. Anglim, M. Bonfield, F, Bourke, J. Browne, M. Bugler, P, Carey, C. Carroll, J. Crosse, J. Darcy, G, Doran, D. Dunne, D. English, P. Fahey, J. FitzGerald, M. Hanafin, S. Hannigan, J. Hogan, J. Hourigan, Mary Hanna.

Kennedy, R. Leahy, D. Lonergan, M. Lowry, M. McGrath, H. McLoughlin, L. Molloy, R. Moloney, A. Moran, E. Morris, S. Murphy, M. Murphy, Ml. O’Meara, E. O’Meara, M. Ryan, J. Ryan, M Ryan, S. Smith, M. Wood, T.

Also Present Joe MacGrath, Chief Executive, S Carr, C. Curley, P. Slattery, K. Cashen, M. Shortt, S. Keating, D.O.S., L. McCarthy,Head of Finance, M. Scott, Arts Officer, D. Holland, Senior Engineer, B. Beck, Senior Planner, A. Fennessy, S.E.O. Housing, Ger Walsh Meetings Administrator.

Apologies Cllrs. K.Bourke, I. Goldsboro,

Item 1.1 Proposed by Cllr. D. Doran, seconded by Cllr. S. Hanafin and resolved Minutes of “That the minutes of Council Meeting held on 11th July 2016 in the Civic Offices, , Co. Council Meeting Tipperary, as presented be adopted”. held on 11th July 2016

Item 2.1 It was proposed by, seconded by Cllr E. O’Meara, seconded by Cllr. R. Kennedy and Conferences/Semi resolved:- nars/Training “That pursuant to Section 142(5) of the Local Government Act 2001 and having regard to (i) the benefits likely to accrue, (ii) the general interest of this administrative area and of the local community (iii) the estimated cost of the proposed attendance and the provision made for such purposes in the annual budget, hereby nominate those listed hereunder to attend the following Conference/Seminar/Training:-

Seminar/ Conference/ Dates Venue Nominees Similar Event AILG Training 6th Sept Galway Bay Cllr. Ml. Murphy “Local Authority 2016 Hotel, Cllr. E. Moran Housing & the Nation Galway Action Plan for Housing July 2016” AILG Training 10th Sept Galway Bay Cllr. S. Morris “Local Authority 2016 Hotel, Cllr. A. Moloney Housing & the Nation Galway Cllr. J. Carroll Action Plan for Housing Cllr. R. Molloy July 2016” Cllr. S. Ryan Cllr. Ml. Smith Cllr. M. Ryan Cllr. D. Leahy

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Cllr. E. O’Meara Cllr. M. FitzGerald Cllr. J. Fahey Shannon CFRAM 8th Sept Racket Hall, Cllr. Ml. Murphy STUDY – Draft Flood 2016 , Cllr. M. FitzGerald Risk Management Co. Tipperary Cllr. S. Morris Plans Cllr. E. O’Meara

Simon Community 26th Sept Davenport Cllr. M. Smith “Housing 2016 Hotel, Dublin Cllr. S. Morris Homelessness and Rights” Dept of Public 27th Sept IPA, Cllr. M. FitzGerald Expenditure and 2016 Lansdowne Cllr. E. O’Meara Reform “Open Road, Dublin Cllr. Marie Murphy Government Partnership” Local Enterprise Office 28th Sept Cllr. Marie Murphy “Key Changes under 2016 Chamber Cllr. S. Ryan the New Companies Enterprise Act” Centre Irish Planning Institute 29th Sept Alexander Cllr. J. Carroll “Planning and 2016 Hotel, Fenian Cllr. A. Moloney Architectural Street, Dublin Cllr. M. FitzGerald Conservation Areas” Cllr. E. O’Meara LAMA Autumn Seminar 30th Sept – Westlodge Cllr. T. Wood 1st Oct 2016 Hotel, Bantry Cllr. M. Ryan Cllr. E. O’Meara Cllr. Ml. Murphy Cllr. I. Goldsboro Cllr. Ml. Smith Cllr. A. Moloney Cllr. J. Crosse Cllr. J. Fahey Cllr. D. Leahy Cllr. P. Bugler Cllr. H. McGrath Cllr. M. O’Meara Cllr. L. McLoughlin Cllr. R. Molloy Cllr. J. Carroll Cllr. S. Ambrose Cllr. K. Bourke Cllr. M. Anglim Cllr. M. FitzGerald Cllr. R. Kennedy

Kennedy Summer 8th-10th Sept New Ross, Cllr. M. Smith

School Conference 2016 Co. Wexford Item 2.2 This was noted and agreed by the Council. Reports on Conferences

Item 3.1 Proposed by Cllr. A. Moloney, seconded by Cllr. M. Lonergan and resolved

Section 183 Notice “That in accordance with the provisions of Section 183 of the Local Government Act, 2001, 2

Disposal of Land we hereby approve of the disposal of dwelling house and curtilage, the total of which Toorbeg, amounts to 0.1615 hectares (0.399 acres) at Toorbeg, Burncourt, , Co Tipperary to Mr Burncourt, Cahir Padraig Luddy in accordance with the terms of the notice under the above Section as th circulated on the 25 August 2016”`as the property is no longer required and is deemed surplus to requirements, previously acquired as part of N8 Cashel/Mitchelstown Improvement Scheme.

Item 3.2 Proposed by Cllr. J. Hogan, seconded by Cllr. E. Moran and resolved Section 183 Notice "That in accordance with the provisions of Section 183 of the Local Government Act, 2001, Disposal of Land we hereby approve of the disposal of land, the total of which amounts to 0.033 hectares at at Templemore Demesne, Templemore, Co. Tipperary to Stanley and Teresa Cummins in Demesne, accordance with the terms of the notice under the above Section as circulated on the 26th. Templemore August, 2016" to facilitate a rectification of title.

Item 3.3 Proposed by Cllr. S. Hanafin, seconded by Cllr. J. Hogan and resolved

Section 183 Notice "That in accordance with the provisions of Section 183 of the Local Government Act, 2001, Disposal of we hereby approve of the disposal of land, the total of which amounts to 0.0875 acres within Property at rear of the townsland of Gortnahoo(Boulick), within the of Slievardagh, in the County of Community Hall, Tipperary, contained in Folio TY49194 to Community Development Association in Gortnahoe Village accordance with the terms of the notice under the above Section as circulated on the 26th. August, 2016" to facilitate Community Development.

Item 3.4 Proposed by Cllr. S. Morris, seconded by Cllr. J. Ryan and resolved Section 183 Notice “That in accordance with the provisions of Section 183 of the Local Government Act, 2001, Disposal of we hereby approve of the disposal of 0.04 Hectares (0.099acres), at Knockalton Upper, property at Nenagh, to Ms Deirdre Hogan, Knockalton Upper, Nenagh in accordance Knockdalton with the terms of the Notice under the above Section as circulated on the 1 September 2016” Upper, Nenagh as the property is no longer required and is deemed surplus to requirements, previously acquired as part of N7 Nenagh By-pass. Item 3.5 Proposed by Cllr. J. Hogan, seconded by Cllr. D. Doran and resolved Section 183 Notice “That in accordance with the provisions of Section 183 of the Local Government Act, 2001, Disposal of land at we hereby approve of the disposal of property, consisting of circa .51ha, within the townsland Ballyknockane, of BALLYKNOCKANE, within the barony of , in the County of Tipperary, contained in Templetuohy, the Folio(s) TY 6275 in accordance with the terms of the Notice under the above Section, as Thurles circulated on the 2nd September 2016” to facilitate a rectification of title for land registry purposes.

Item 3.6 It was proposed by Cllr. R. Kennedy, seconded by Cllr. M. Hanna Hourigan that this item Local Property would be deferred until after the lunch recess to allow further discussion between members. Tax It was proposed by Cllr M. Browne, seconded by Cllr D. Dunne that the item would be taken Local Adjustment in accordance with its placement on the agenda. Factor A vote was taken on the amendment to the proposal to take the item in accordance with its placement on the agenda and resulted as follows:

FOR AGAINST ABSENT ABSTAIN 1. Ambrose, Siobhan √ 2. Anglim, Micheál √ 3. Bonfield, Fiona √ 4. Bourke, Joe √ 5. Bourke, Kieran √ 6. Browne, Martin √

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7. Bugler, Phyll √ 8. Carey, Catherine √ 9. Carroll, John √ 10. Crosse, John √ 11. Darcy, Ger √ 12. Doran, David √ 13. Dunne, David √ 14. English, Pat √ 15. Fahey, John √ 16. Fitzgerald, Michael √ 17. Goldsboro, Imelda √ 18. Hanafin, Seamus √ 19. Hannigan, Joe √ 20. Hogan, John √ 21. Hourigan, Mary Hanna √ 22. Kennedy, Roger √ 23. Leahy, Denis √ 24. Lonergan, Martin √ 25. Lowry, Michael √ 26. McGrath, Hughie √ 27. McLoughlin, Louise √ 28. Molloy, Richie √ 29. Moloney, Andy √ 30. Moran, Eddie √ 31. Morris, Seamus √ 32. Murphy, Marie √ 33. Murphy, Michael √ 34. O’Meara, Eddie √ 35. O’Meara, Michael √ 36. Ryan, Jim √ 37. Ryan (Coole), Mattie √ 38 Ryan, Sean √ 39. Smith, Michael √ 40. Wood, Tom √ TOTALS 14 18 8

The Meetings Administrator advised that there were 14 in favour, 18 against with 8 absentees and therefore, deemed the amendment defeated. It was therefore agreed to defer Item 3.6 to be considered after lunch. Item 3.7 The Chief Executive’s Report had been circulated to the members. The report formed part of Renewable Energy the statutory procedure for the preparation of proposed Variation No. 3 to the Strategy County Development Plan 2010 – 2016, and in particular related to material alterations proposed, and set out a list of the persons or bodies who made submissions or observations (a) Variation No. 3 during the public consultation period for the proposed Material Alterations. of North Tipperary It was noted that 15 submissions/observations were received and the report set out the Chief County Executive’s consideration to each submission and was now submitted to the Council for Development decision. Plan 2010 • Any further modifications to the proposed Variation may be made only where they are minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site, and shall not refer to an increase in the area of land zoned for any purpose. This is in accordance with Section 13 of the Planning and Development Acts 2000 (as amended). 4

• In this respect, further modifications as set out in Appendix 3 of report were noted, these are minor in nature are not likely to have significant effects on the environment or adversely affect the integrity of a European site, and do not refer to an increase in the area of land zoned for any purpose. • The Elected Members having considered the proposed Variation and the proposed Material Alterations thereof, and the Chief Executive’s Reports, may as they consider appropriate, by resolution, make the Variation which would, if made, be a material alteration, with or without further modification (subject to Section 13(6) of the Planning and Development Act 2000, (as amended) or they may refuse to make it.

Proposed by Cllr. J. Hogan, seconded by Cllr. D. Leahy and resolved

“That, pursuant to the provisions of Section 13 of the Planning and Development Act 2000 (as amended) and having considered the proposed Variation No. 3 of the North Tipperary County Development Plan 2010 (Renewable Energy Strategy), the Chief Executive’s Report of the 16th June 2016 with the associated proposed material amendments and the Chief Executive’s Report circulated on the 6th September 2016 on the submissions received and the associated proposed minor amendments, the Council hereby resolve to make the Variation, as amended.”

It was noted that the making of Variation number 3 would have effect from the 12th September, 2016.

Item 3.7 The Chief Executive’s Report had been circulated to the members. The report formed part of Renewable Energy the statutory procedure for the preparation of proposed Variation No. 3 to the Strategy County Development Plan 2009 – 2015, and in particular related to material alterations proposed, and set out a list of the persons or bodies who made submissions or observations (b) Variation No. 3 during the public consultation period for the proposed Material Alterations. of South Tipperary It was noted that 13 submissions/observations were received and the report set out the Chief County Executive’s consideration to each submission and was now submitted to the Council for Development decision. Plan, 2009 • Any further modifications to the proposed Variation may be made only where they are minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site, and shall not refer to an increase in the area of land zoned for any purpose. This is in accordance with Section 13 of the Planning and Development Acts 2000 (as amended). • In this respect, further modifications as set out in Appendix 3 of report were noted, these are minor in nature are not likely to have significant effects on the environment or adversely affect the integrity of a European site, and do not refer to an increase in the area of land zoned for any purpose. • The Elected Members having considered the proposed Variation and the proposed Material Alterations thereof, and the Chief Executive’s Reports, may as they consider appropriate, by resolution, make the Variation which would, if made, be a material alteration, with or without further modification (subject to Section 13(6) of the Planning and Development Act 2000, (as amended) or they may refuse to make it. Proposed by Cllr. D. Dunne, seconded by Cllr. L. McLoughlin and resolved

“That, pursuant to the provisions of Section 13 of the Planning and Development Act 2000 (as amended) and having considered the proposed Variation No. 3 of the South Tipperary County Development Plan 2009 (Renewable Energy Strategy), the Chief Executive’s Report of the 16th June 2016 with the associated proposed material amendments and the Chief Executive’s Report circulated on the 6th September 2016 on the submissions received and the associated proposed minor amendments, the Council hereby resolve to make the

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Variation, as amended.”

It was noted that the making of Variation number 3 would have effect from the 12th September, 2016.

Cllr English expressed his concern that should be zoned as unsuitable for Wind Energy due to its significant archaeological importance. Mr. Brian Beck, Senior Planner, stated that the proposed variation addressed many concerns that had been raised by interested parties and made reference to the detailed policies on Archaeology contained in the Development Plan. He stated that the proposed variation will address concerns in relation to this area.

Item 7.3 It was agreed to take Motion No. 7.3 (Ref 791) in conjunction with this item. Notice of Motion It was proposed by Cllr. T. Wood Wind Turbines in “That the Manager would advise as to the number of Wind Turbines erected in County Tipperary Tipperary, the number under construction and at planning level and that he would update the members on the benefits gained to date by the consumers of County Tipperary from such development”. The motion was seconded by Cllr. D. Dunne The reply to the Motion was noted as follows:-

Tipperary County Council/An Bord Pleanála have permitted 310 medium to large scale (>0.5MW output) wind turbines. In addition, 6 additional turbines are currently under consideration by /An Bord Pleanala. Approximately 180 turbines are constructed/under construction.

The benefits gained to date by the consumers of Tipperary, must be firstly viewed in the context of European and national energy policy and binding energy targets. The EU Renewable Energy Directive has set a target of 40% of electricity energy consumption to come from renewable energy resources in Ireland by 2020. Ireland will face steep challenges and monetary fines if these targets are not met post-2020. The transition from a reliance on fossil fuels to sustainable renewable energy will confer economic benefits to consumers in Tipperary, by ensuring security of energy supply and therefore cost competitiveness. In addition to the above, benefits to Tipperary consumers from wind farms developments include as follows;

• Developers are charged development contributions in respect of each wind turbine, which contributes toward the delivery of public infrastructure and community facilities across the county. • A community owned wind farm in the County, is providing direct economic benefits to local shareholders

Following consideration of the motion, it was agreed that further consideration would be given to the application of a condition in Wind Turbine Developments whereby a 10% ownership gain could be applied to the benefit of local communities or local authorities.

Item 3.8 Ms. Melanie Scott, Arts Officer, made a presentation to the members summarising the main Tipperary Arts points of the Tipperary Arts Strategy 2017-2020 which had been circulated to the members. Strategy 2017- She stated that Section 6 of the Arts Act 2003 required Local Authorities to prepare and 2020 implement plans for the development of the arts within their functional areas. The strategy was developed over the last year and involved a broad consultation process, through an online public questionnaire and public meetings in each of the 5 Municipal Districts in addition to sectoral meetings, meetings with staff and targeted focus group meetings.

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The Arts Strategy Sub Group of the Housing, Community & Culture Strategic Policy Committee were also consulted at various points of the process. It was noted that the Strategy provided for a flexible framework to support integrated actions across six strategic priorities, namely – • Strand 1 – Creative Practitioners – the Artist • Strand 2 – Creative Communities – Public Participation • Strand 3 – Creative Infrastructure – Arts Venues & Festivals • Strand 4 – Creative Supports – Arts Information & Advice • Strand 5 – Creative Solutions – Arts Partnerships & Collaboration • Strand 6 – Creativity & the Public Realm – Public Art

It was further noted that the Draft Strategy as presented was adopted by the Strategic Policy Committee on the 1st July, 2016. Following consideration, it was Proposed by Cllr. R. Kennedy, seconded by Cllr. Marie Murphy and resolved

“That “Tipperary – A Creative County; Arts Strategy 2017-2021” is approved”.

Members thanked Ms Scott for her summary of the strategy and complimented her on the Arts Programme to date. Suggestions were made in relation to:- • Ring fencing a Budget Allocation for an Arts Programme for projects for older people; • Linkage of local Artists with Festivals; • Encouraging the engagement of Voluntary Groups in the promotion of Arts; • Consideration be given to the holding of “Heritage Week” earlier in the year with a view to encouraging the involvement of schools and community groups.

Item 4.1 Proposed by Cllr. M. FitzGerald, seconded by Cllr. R. Kennedy and resolved Ratification of Nominee to the “That Cllr. E. O’Meara be appointed as member of the Tipperary Transport Co-ordination Unit Tipperary Ltd. (TTCU)”. Transport Co- Ordination Unit Ltd.

Item 5.1 The Management Report with a focus on directorates in Clonmel as circulated with the Agenda was noted and considered by the Council. Consideration of Management Community & Economic Development Report – It was agreed to take Notice of Motions Ref. 798 and Ref. 795 with this item. September 2016

Item 7.1 Motion No. 7.1 (798) was proposed by Cllr. D. Doran Notice of Motion “That Tipperary County Council calls on the HSE Mental Health to attend a meeting of Suicide the Council to brief the members on the Suicide Prevention Action Plans for both North Prevention Officer and South Tipperary and following completion of said plans that adequate funding is made available for the implementation of the relevant actions applicable to the

Council”. The motion was seconded by Cllr. M. Browne

The reply to the Motion was noted as follows:- HSE Mental Health Services are the lead agency for developing the Suicide Prevention

Action Plans nationally.

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A Suicide Prevention Planning Group (SPPG) for South Tipperary was established in September 2015 under Strategic Goal 2 of Connecting for Life (Ireland’s National Strategy to Reduce Suicide 2015-2020). This group was established to provide guidance, support and direct contribution to the development and preparation of a South Tipperary Suicide Prevention Action Plan. The “Connecting for Life” South Tipperary’s Action Plan to Prevent

Suicide 2016–2020 has been completed and signed off by the National Office of Suicide Prevention. South Tipperary is in CHO Area 5, North Tipperary is in Area 3, with separate mental health services and structures in different stages of development. North Tipperary is included in the “Connecting for Life Mid West” and the plan is being developed regionally and includes North Tipperary, Clare and Limerick. It is anticipated that the plan will be completed by year end 2016. On completion of both Plans, an implementation steering group will be established and the plan will sit within the Local Community Development Committee of Tipperary County Council. South Tipperary Mental Health Services are committed to working collaboratively with the North Tipperary Mental health Services on joint actions and initiatives between South

Tipperary and North Tipperary. In relation to funding the development of Connecting for Life Action plans, South and North Tipperary is led and funded by HSE Mental Health, however it is also a multi agency piece of work based on collaboration and communication between all relevant stakeholders. Every organisation that is involved, statutory, community and voluntary already has a remit around suicide prevention and mental health promotion within their existing work to deliver on the actions in the plan. Tipperary County Council is a very important partner in this process and is committed from the outset.

It was agreed that the motion would be referred to the HSE Mental Health for their

consideration and reply.

Motion No. 7.6 (Ref 795) was proposed by Cllr. S. Ambrose Item 7.6 “That Tipperary County Council writes to both Minister Denis Naughton and Minister Notice of Motion Heather Humphries seeking an update in relation to the rollout of broadband across Rollout of the County Tipperary”. Broadband The motion was seconded by Cllr. P. English The reply to the Motion was noted as follows:- It was agreed that this matter would be referred to Minister for Communications, Energy & National Resources, Denis Naughton and Minister for Arts, Heritage and the Gaeltacht, Heather Humphries for response. Water • Davitt Street Tipperary Project– It was noted that a progress report would be provided at the September Tipperary-Cashel Municipal District Meeting. • Burncourt/Fethard Water Supply Scheme – members noted that this scheme was nearing completion and the quality of the new water supply would be monitored. • Service Level Agreement Irish Water – Issues relating to repairs to dwellings on a shared/common water supply were raised where works cannot be sanctioned where there are no meters serving certain households. It was noted that this anomaly was raised with Irish Water with a view to a resolution being agreed. • Combined Drains – it was noted that ongoing discussion was taking place at National Level in relation to the legislative position. • Lead Pipes – In response to queries regarding lead piping, it was clarified that Irish Water would replace lead pipes on private property on a once off basis from the boundary of the property to the public main. Replacement of pipes within the property boundary was the owners responsibility. It was noted that grants were available, funded by the Department and administered by the Local Authority. 8

• Find and Fix Programme. It was noted that this programme for the location and repair of leakage on the public water supply scheme would be rolled out in Tipperary in 2017. It was noted that ongoing discussion was taking place at national level with Unions in relation to the advertisement of posts for this programme. Environment • Dog Fouling A number of members expressed the need for out of hours patrolling of main routes for dog fouling offences. It was noted that the Dog Fouling Pilot Scheme recently launched in Cashel would be rolled out to all towns and the next town to be piloted was Thurles. Suggestions were made in relation to dog lead attachments promoted by the Council to reduce dog fouling. The difficulty with obtaining the names/addresses of dog fouling offenders was noted. • Waste Collection Service Queries were raised in relation to the waste collection service carried out by small operators and in particular a licence that had been revoked for a small operator in the Nenagh Area. It was agreed that this matter would be discussed further at the next Nenagh Municipal District Meeting. • Civic Amenity Sites – It was noted that there was no Capital Grant available at present and the cost of a Civic Amenity Site is in excess of €1M. The increased usage of the sites in Roscrea and Nenagh was owing to the fact that there was no gate fee in place at these locations although the services available were limited in these sites. • Deer and Pine Marten Control It was agreed that contact would be made with the Department regarding the control of Deer and Pine Marten. • Derelict Sites – In response to concerns of members regarding derelict sites in the various districts, they were informed that obtaining ownership details of properties was a challenge but that all reports received of derelict sites were pursued by the Environment Section. It was noted that a Painting Scheme was in operation in a number of the Districts. • Control of Horses It was noted that the matter was discussed with the Garda Superintendent and the matter was listed for consideration at the next Environment Strategic Policy Committee Meeting. • Litter Bins – It was suggested that the design of street litter bins should be reviewed to prevent the deposit of large items. • Energy in Agriculture Conference, Gurteen College. Members complimented the organisers of this conference which was very successful and hoped that it would become an annual event. Housing • Tenant Purchase Scheme – Members referred to conditions of the Tenant Purchase Scheme that restricted people from purchasing the homes they occupied. It was confirmed that the concerns of the members had been relayed to the Department but the Council would have to operate the scheme within the guidelines issued. It was noted that there was a commitment by the Department to review the Tenant Purchase Scheme in consultation with Local Authorites in 2017. • Vacant Dwellings – In reply to queries by members in relation to the purchase of vacant houses, they were informed that 119 purchases were ongoing in the County of which 30 were complete. The aim of the Council was to buy houses that were fit for purpose as there was limited refurbishment funding available from the Department. • Window and Door Replacement Local Authority Dwellings – It was noted that there were no funds currently available for a replacement programme. • Energy Effeciency Works – It was noted that the roll out of this scheme was

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dependant on further funding from the Department. • Survey of unoccupied houses - It was noted that further work was required to be carried out on the census figures available in relation to the number of vacant dwellings available in the County and the tenure of ownership.

Human Resources/Corporate Services It was agreed to take Notice of Motions Ref. 736 and 765 in conjunction with this item. Motion No. 7.4 (Ref 736) was proposed by Cllr. D. Dunne “That where possible Councillors would be encouraged to use a Cupla Focal as Gaeilge at Council Meetings". The motion was seconded by Cllr. M. Browne The reply to the Motion was noted as follows:-

The Official Languages Act 2003 sets out the duties of Public Bodies regarding the provisions of services in Irish and the rights of the public to avail of those services. The aim of the Act is to promote the use of Irish in Public Offices and to ensure the use of Irish by Public Bodies when communicating with the public and/or providing services to the public.

The Act does not impose specific duties directly on Public Bodies with regard to the provision of telephone services, information leaflets, press releases and websites in Irish, the provision of these services depends on what is agreed in the relevant Language Scheme.

This Council drafted an Irish Language Scheme in May 2015 which has been submitted to the Department of Arts, Heritage and the Gaeltacht for consideration and approval as required under Section 11 of the Official Languages Act 2003. The Scheme provided for a short introductory paragraph of Irish content to be provided in addresses made by the Cathaoirleach, where relevant and the prayer before Council Meetings to also be in Irish. There is no obligation on Councillors to use Irish in any debates or other proceedings in the Council Chamber and/or in any Committee of the Council.

It was agreed that arrangements would be made for Irish Language Awareness Sessions for Councillors so as to be familiar with basic greetings in Irish and to improve their Irish Language Skills, subject to demand and this matter would be followed up with Councillors in early 2017.

Item 7.2 Motion No. 7.2 (Ref 765) was proposed by Cllr. J. Ryan Notice of Motion “I am calling on this Council to write to the Department of Justice to request the enactment of the Coroner’s Bill 2007, which incorporated many of the Coroner’s Bill recommendations made by a Working Group established by the Minister for Justice & 2007 Equality in 2000, in particular the establishment of a Coroner Service which would result in full responsibility for Coroners, including financial responsibility resting with the Minister for Justice and the involvement of Local Authorities would cease”. The motion was seconded by Cllr. D. Doran The reply to the Motion was noted as follows:- The coroner service was one of the oldest public services in existence with the earliest

references to the position going back to the twelfth century. The main duty of the coroner was to protect the interests of the Crown in criminal cases, hence the name coroner.

The modern coroner came into being with the Coroners (Ireland) Act 1846 which consolidated the laws relating to the Coroner and his duties in Ireland. It provided for the division of each county into coroners’ districts and for the election and appointment of coroners and their 10

payment by means of a fee. The Coroners Act 1881 specified the qualification of being a medical practitioner, barrister or solicitor to hold the position of coroner. Over time the judicial functions of the coroner have become steadily more important and the role has evolved to the position today where the range of duties includes amongst others investigatory, administrative and judicial functions. The coroner does not investigate criminal or civil responsibility. The roles and responsibilities of a local authority in relation to the Coroners Service are set down in legislation and include details regarding the appointment of a Coroner, the Coroner’s Salary and related payments to third parties. Fees paid to Coroners are determined by the Department of Justice & Equality and sanctioned by the Department of Finance; however the responsibility to appoint and pay for the Coroners is the responsibility and liability of the local authorities. Coroners are either qualified doctors or lawyers. They are independent office holders appointed by the local authority who fund the Coroners Service. Their job is to look into the circumstances of a sudden, unexplained, violent or unnatural death. This may require a post mortem examination, sometimes followed by an inquest. Through their investigation, a Coroner will decide whether a death was due to natural or unnatural causes. If a death may be due to unnatural causes, then an inquest must be held by law. This is an important public service to the living and in particular to the next-of-kin and friends of the deceased. The Coroner Service not only provides closure for those bereaved suddenly but also performs a wider public service by identifying matters of public interest that can have life/death consequences. Tipperary County Council employs two Coroners, Mr. J Kelly who is based in North Tipperary and Mr. P Morris who is based in South Tipperary. Both Coroners are paid a set salary together with a fee per item of work carried out. In addition to these costs there are associated costs such as post mortem fee, toxicology fees, undertakers’ fees etc in operating a Coroners service for the county of Tipperary. The Coroners Service has evolved over time to a position of significance in today’s society. This has happened without any real evaluation of its structure and direction and apart from the introduction of the 1962 Act there has been no reform of the service in modern times. The Minister for Justice and Equality decided to initiate a comprehensive review of the service and in December 1998 a Working Group was established to examine the role of the Coroners Service, its needs and a framework for its development. The Group examined all aspects of the service, assessing its adequacy for the needs of modern society and identified issues that should be addressed. The Report of the Working Group, published in 2000 contained over 100 recommendations for suggested improvements to the service. These included an overhaul of the structural organisation of the service itself, the legislation governing the work of coroners and the support services in place. In 2007 the Department published the Coroner’s Bill 2007 which incorporated many of the recommendations made by the Working Group in 2000. Most notable from a local authority point of view is that the Bill provides for the establishment of a Coroner Service which would result in full responsibility for coroners, including financial responsibility resting with the Minister for Justice and Equality and the involvement of local authorities would cease. On enquiring as to the current status of the Bill, the Council was informed that although certain stages are completed the Bill has not been enacted and therefore its provisions are not ratified. As a result the Coroner’s Act 1962 is still the main piece of legislation under which the coroners operate and the responsibility of the local authorities in the process has not diminished.

It was agreed that the motion would be referred to the Minister for Justice and Equality for consideration and reply. Item 5.2 Mr. Karl Cashen, Director of Services, introduced Mr. Gerry Gallagher, Office of Public Works and invited him to make a presentation to the members outlining the public consultation To consider the process on the Draft Flood Management Plan. making of a submission on the Mr. Gallagher outlined the purpose of the plan, which set out a road map of what was Draft Flood Management Plan required to manage flood risk in Ireland. He stated that Flood Risk Management Plans included measures in relation to flood 11

prevention, protection and preparedness, emergency response to flooding, recovery from flooding and incorporated lessons learned which were an important element of the plan. Issues such as climate change, land use practices and future development were also addressed. He indicated that The Plan was still at draft stage and council and public feedback is important in the finalisation of the Draft FRMPS . Public consultation commenced in July for a 10 week period and the final plan would be submitted to the Minister for approval and in turn submitted to the Councils for their adoption. Plans would be reviewed every six years.

Members thanked Mr. Gallagher for his presentation. The following issues were flagged: • Templemore Flood Relief Scheme – Clarification to be issued to members in relation to the status of the scheme. • Carrick-on-Suir – concerns were expressed over the safety of the oldest bridge in the town should the town suffer floods similar to 2015. • Drainage issues – it was clarified that arterial drainage maintenance was the responsibility of the O.P.W., surface water drainage was the responsibility of the Local Authority and drainage on private property was the responsibility of the owner.

It was noted that submissions from Councils could be submitted to the Office of Public Works, Trim, Co. Meath before - Monday 21st November 2016 re Clon 15 - Monday 17th October 2016 re Clon 18,24,25

Item 5.3 The Tipperary Local Enterprise Development Plan for 2016 had been circulated to the members. The Plan provided a detailed framework on which to build on the success to date Tipperary Local ensuring that enterprises and entrepreneurs continue to receive effective and quality supports Enterprise in an efficient manner from the Tipperary Local Enterprise Office. Development Plan 2016 The Plan was welcomed and noted by the members.

Item 5.4 The Tipperary Local Sports Partnership Strategic Plan 2016-2020 had been circulated to the Tipperary Local members. Sports The plan mapped out the focus and direction of the Tipperary Sport Partnership to 2020. An Partnership annual and a midterm review of the plan would monitor its realisation and identify any Strategic Plan modifications which may be required. 2016-2020 The Local Sports Partnership Strategic Plan 2016-2020 as presented was noted.

Item 6.1 Chief Executive and Delegated Officers Orders for the period to 31st August 2016 were noted

Consideration of CE Orders for the Period to 31st August 2016

Item 7.5 Motion No. 7.5 (Ref 797) was proposed by Cllr. P. English Notice of Motion “That Tipperary County write to Minister Seán Kyne T.D. (Minister for Gaeltacht Affairs Inland Fisheries and Natural Resources), Dept. of Arts, Heritage and the Gaeltacht requesting the Inland Fisheries Ireland be given the necessary resources, for it to meet its statutory obligations as legislated for under the Fisheries Act 1959 to 2010 and support the national angling strategy” The motion was seconded by Cllr. D. Dunne It was agreed that this motion would be referred to Minister Seán Kyne (Minister of State for 12

Gaeltacht Affairs and Natural Resources) at the Department of Arts, Heritage and the Gaeltacht for response.

Item 7.7 Motion No. 7.7 (Ref 796) was proposed by Cllr. S. Ambrose Notice of Motion "That Tipperary County Council writes to Minister Simon Harris seeking his support for Phase 2 the roll out of phase 2 of the development plan for Tipperary General Hospital". Development Plan The motion was seconded by Cllr. P. English for Tipperary General Hospital It was agreed that the motion would be referred to the Minister for Health, Simon Harris for response

Item 8.1 – 8.5 Correspondence as circulated was noted: Correspondence • Thank you letter from Galway City Council dated 26th July 2016 for support in their bid to become European Capital of Culture in 2020. • Letter from Cork County Council dated 27th July 2016 re Global Valuation by the Valuation Office. • Letter from Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs dated 3rd August 2016 regarding Special Areas of Conservation in Tipperary. • Thank you letter from Senator John Dolan dated 5th August 2016. • Reply from Minister Shane Ross dated 2nd September 2016 re Sports Capital Grants (NOM 767).

Item 9.1 – 9.8 Resolutions from other Local Authorities were noted:

Resolutions from • Cork City Council Other Local That Cork County Council acknowledges the ongoing shortage of places in special Authorities education classes for students with an autism spectrum disorder diagnosis at secondary level. That if the National Council for Special Education (NCSE) identifies a need for additional special education classes at either primary or secondary level in a defined geographical area, the Department of Education and Skills would require schools in the geographical area to respond to this identified need by establishing an adequate number of such special education classes to match that need. That the necessary funding for both the set-up and running of these special education classes would be provided by the Department. That this need is not unique to Cork and consequently that this motion is circulated to all other local authorities in Ireland for their consideration and support. This resolution was noted and supported by the Council and letter to issue to Cork County Council and relevant Minister re same. • Donegal County Council • Dublin City Council • Leitrim County Council • Limerick City & County Council • Limerick City & County Council • South Dublin County Council • South Dublin County Council

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Item 10.1 Votes of Sympathy were extended to the following:- Expression of Votes of • Cllr. Tom Wood on the death of his mother, Mary Wood Sympathy • Paul Mulcahy on the death of his mother-in-law, Hannah Dwyer • Patrick O’Donoghue, Water Services on the death of his father, William • Aidan Fox, Carrick-on-Suir MD on the death of his mother, Verona • Paul Coffey, Water Services on the death of his sister, Verona • Anita O’Brien, Finance Section on the death of her father, Mario Cafolla • Eileen Brunnock, Pensioner on the death of her father, Patrick • Martin Dooley, Roscrea Regional Training Centre on the death of his mother, Margaret • Family of Joe Poyntz, former Caretaker of Clonmel Courthouse • Willie Corby, Roads Section on the death of his sister, Brigid • John Joe Corcoran, Nenagh MD on the death of his mother, Sarah • Family of Kathleen Wright, Templemore-Thurles MD • Family of Liam Ryan “Sonny”, Water Services, Nenagh • Mary O’Reilly, Pensioner on the death of her mother, Bridget Hayes • Bridget Hayes, Housing Section on the death of her mother-in-law, Bridget Hayes • Tess Collins, Housing Section on the death of her father, John(Johnny) • Bernadette Parles, Tipperary Swimming Pool on the death of her son, Aidan • Valerie Grace, Finance Section on the death of her mother, Olive • Tony & Nancy Slevin, Ardcroney, Nenagh on the death of their son, Conor At the request of the Cathaoirleach, the meeting adjourned for 5 minutes as a mark of respect to the following Council Employees who were recently deceased • Joe Poyntz • Kathleen Wright • Liam Ryan

Votes of Votes of congratulations were extended to the following:- Congratulations • Sean Hahessy, Carrick-on-Suir, Paralympian Cyclist • Peter Ryan, Drombane, Paralympian Cyclist • Tipperary Senior and Minor Hurling Teams on winning their respective All-Ireland Finals 2016 • Tipperary Senior Football team on their success on reaching the All Ireland Senior Football Semi Final and their victories through the qualifying series • Senior Hurling Team on winning the South Senior Hurling Final • Senior Hurling team on winning the Mid Tipperary Senior Hurling Final • Tipperary nominees on being nominated for the Tidy Towns Community Hero 2016, the final of which takes place on Monday 26th September 2016

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Item 3.6 Mr. Liam McCarthy, Head of Finance, made a presentation to the members on the Local Local Property Property Tax. Tax He informed the members that Tipperary County Council had been notified of LPT allocation Local Adjustment from the Local Government Fund for 2017 as follows: Factor Total LPT to be provided in 2017 €25,951,602

Made up as follows: LPT retained locally (80%) € 9,444,279 From equalisation fund €16, 507,323 He advised that Tipperary was the largest beneficiary of this equalisation distribution in the country. It was noted that a decision on the variation of the LPT must be made and notified to the Revenue Commissioners and the Minister for Housing, Planning, Community and Local Government by 30th September 2016. No submissions had been received from recent public consultation process on variation to LPT. All additional income generated from increase in LPT would be retained by Tipperary County Council and channelled directly to local services in the Districts on the basis of population and within each District distributed as follows: • 65% of increased income to be directed to roads. • 35% of increased income to be added to the General Municipal Allocation (GMA) of the District. This additional income to be allocated to local services based on priorities/projects identified by the Elected Members at District Level Mr. Liam McCarthy, Head of Finance referred to the Chief Executive’s report on estimating the Financial effect of implementing a local adjustment factor on Local Property Tax for 2017, a copy of which had been circulated to the members. The report highlighted that Tipperary County Council was faced with a key budgetary challenge for 2017. Essentially, the Council must generate additional income from within their own resources to fund increased demand for local services and the desire by the Members of the Council and those who avail of these services to see these services being provided, particularly at District Level. Therefore Tipperary County Council must examine all methods by which additional income can be generated to ensure the continuity and where possible enhancement of local services.

The Chief Executive recommended that the local adjustment factor for Tipperary be increased by 10% to yield an additional income of €1,180,535. He stressed that any reduction in the local property tax in the County where the proceeds of that tax were already significantly below the cost of service provision would give rise to a spiralling year on year deficit in the Council’s budget and would not represent responsible financial management.

A lengthy debate took place where members expressed their concerns about the effect an increase in the Local Property Tax would have on the people of Tipperary. It was their opinion that additional funding for roads and projects should be funded by the Government. Grants to the local authority had been decreased and no additional funds had been given to make up for the shortfall. They had serious concerns about future increases in the property tax should the government decide to alter the bands. Households in the County could not sustain a further increase in their outgoings. Members queried what savings had been generated by the amalgamation process, following which a summary breakdown was provided by Mr. Liam McCarthy, Head of Finance.

Mr. Joe MacGrath, Chief Executive, thanked the members for the debate. However he referred to the increased demand for services and the necessity to raise additional income to meet this demand and respond positively to the extra demands. It was noted that Tipperary were the 2nd highest beneficiary from Local Government Fund and €16M is imported from other Local Authorities to meet the Council demand for services. Members and officials had to 15

collectively address the budget challenge. He spoke of the unacceptable condition of the roads in the County and the need for the Council to show their willingness to fund part of the upgrading of the roads from its own resources which would help the Council’s position when seeking additional funding from the Department. He assured the Members that all monies raised by the Local Property Tax increase would be ring fenced and that the allocation to each of the Districts would be as follows on the basis of population:

Carrick on Suir Municipal District €162,311 Clonmel Borough District €271,936 Cashel-Tipperary Municipal District €204,861 Nenagh Municipal District €278,428 Thurles-Templemore Municipal District €262,998

Mr. MacGrath referred to the multiplier effect this investment would have in the County and while acknowledging the Council’s difficult decision, he stated that it was critically important to understand the reasons for seeking the increase and that the Council, collectively, had to address this key budgetary issue having regard to the additional demand for services as referred to at the meeting today in relation to areas such as Road Maintenance, Civic Amenity Sites, Derelict Sites. On that basis, he was recommending to the Council that the Local Adjustment Factor of the Local Property Tax would increase by 10% for 2017. Following further consideration and debate by the Members and while acknowledging the issues facing the Chief Executive and the demand for additional services, it was the feeling of the Council that an increase in the Local Adjustment Factor would put additional pressure on already burdened property owners and on that basis, It was proposed by Cllr. R. Kennedy, seconded by Cllr. M. Brown and resolved “That pursuant to the provisions of Part 4 of the Finance (Local Property Tax) Act 2012 (as amended) and the recommendation of the Chief Executive, Mr. Joe MacGrath dated September 2016, that Tipperary County Council decide not to adjust the LPT adjustor and retain the Local Property Tax for 2017 at current levels”.

The meeting then concluded.

Signed/______Cathaoirleach.

Date: ______

Date: ______

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